Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On April 1, 201, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tong branch on April 1, 201, and KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tong branch on October 14, 201.
【Criminal Facts】
On August 4, 2016, at around 01:41, the Defendant driven a C low-speed car in the state of alcohol alcohol concentration of approximately 0.088% from the 1km section from the viewing road near the upper Dong-dong at a macro-si to the front road of the Geumsung Oil Station located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;
1. Application of statutes concerning criminal records and copies of each summary order;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Although the defendant was unable to have been sentenced to a fine due to drinking driving under Article 62-2 of the Criminal Act, the defendant was sentenced to a judgment as ordered by the court on the grounds that he was sentenced to punishment by taking into account the defendant's age, occupation, character and conduct, family relation, social relation, circumstances leading to the crime of this case, etc., and circumstances before and after the crime of this case, etc.